The Patent Act of 1970 and the Patent Rules of 1972 govern patents in India. A patent has a 20-year lifespan. In most circumstances, this period is limited, but it can only be stretched by an act of congress, and it can only be prolonged for a few years in rare cases.

Following the patent registration process, an individual or a company gains intellectual property rights to an innovation. If your product is distinctive, the government will grant you full ownership of it. It gives you complete control over the creation, use, sale, and import of the product or services and prevents others from doing so.

Categories of patent applications in India

Conventional application

This refers to when an inventor has already filed a patent in another nation and now intends to do so in the same. It is mandatory to file the application for an Indian patent within 12 months following the first filing.

Ordinary Application

When there are no other applications or references to any other applications pending at the Indian Patent Office, this form of application is filed. For regular applications, the priority date and filing date are the same.

PCT application for International phase

The PCT International application allows you to file a patent application in various countries, with a total of 142 countries. It could take anywhere from 30-31 months from the international filing date to enter each country and obtain protection.

PCT application for National phase

Within 31 months after the international filing date, you can submit this application.

Patent Registration procedure

Submitting the Patent Application Form

To obtain a patent, all you have to do is fill out a short form and enter your basic information, which will be necessary when filing for patent registration.

Execute a Patent Search

A patentability search is undertaken after obtaining all of your paperwork.

Make an application

A patent application will be drafted based on your basic information and documents.

Submission of a Patent

Following the final evaluation, a patent application will be filed with the Indian Patent Office, and you will receive an acknowledgement through email.

Documents required in India for patent registration

To register your patent, you'll need the following documents:

  1. Form 1 of a patent application
  2. Proof of eligibility to file a patent application. This proof could be included with the application or provided at the end.
  3. Provisional standards are used if complete specifications are not available.
  4. Complete the form-2 specification within 12 months if the specifications are tentative.
  5. Form-3 (statement and undertaking under section 8) (if applicable).
  6. When a patent application is filed by a patent agent, a power of attorney in form 26 is required.
  7. Before the patent is granted, the applicant must obtain authorization from the National Biodiversity Authority if the application is for biological matter.
  8. In the case of biological material involved in the discovery, the source of geographical origin should also be specified.
  9. It is mandatory for all applications to be signed by the applicant, authorised person, or patent attorney.
  10. The applicant/agent must sign the last page of the complete/provisional specification. The sign at the right bottom corner of the drawing sheets is included
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